One of the most common misconceptions which is believed by people is that rape is an act which is particularly initiated by a man on a woman. It is a believed that rape is crime that is committed by men on women which can also be put as sexual victimization of women by men and this false belief fooled us to deviate from the research on the statistical data which talks about sexual violence on men. This inclination made us believe that men cannot be raped and took us away from the spotlight of mull over the contrary.
Rape on men is also seen as a taboo, an interrogation on their masculinity and manliness. Men, in our country like India have also been brought up with a belief that they are supposed to be the stronger one. Men are supposed to suppress their grief and suffering. They are always supposed to come up as tough and emotionless. It’s a credence that men are less affected by any kind of assault due to their upbringing. Consequently, most men who experienced sexual assault never came forward to report, perturbed that people will doubt their sexuality and most importantly the assault might make them look unmasculine.
In India the rape law reads particularly a male raping a woman. It talks only about penile penetration by a man inside the vagina of a woman without her consent. The law nowhere talks about a male raping a male or a female raping a male and therefore we can conclude that rape laws in India are gender biased and need recognition. It is high time to look upon this factor and consider it as the need of the hour as the rising cases of male raping male and also a female raping male. There are no reason why sexual assaults on male children should be treated differently than similar acts committed against adult males. If we can make provisions for the rape of male children, why can’t we do the same for men? The basic idea is that men in India are perceived to be invulnerable and to use their power to exploit women is nothing but injustice to the very existence of men.
Rape Laws In Different Countries
In the United Kingdom, the “Criminal Justice and Public Order Act, 1994” initially changed rape laws by removing buggery from the statute and adding the term “non-consensual anal as well as vaginal penile penetration.” Through this act, an attempt was made for the first time in the UK legal system to recognize male rape. Later, the “Sexual Offences Act, 2003 (England and Wales)” expanded it even further, including non-consensual penetration through the mouth, and removed the ambiguous provision of indecent assault. The definition of rape, however, still requires penile penetration. As a result, the UK’s rape laws are still not gender-neutral, as women cannot be prosecuted for raping men under the current definition.
The “Sexual Offences (Scotland) Act, 2009″ made significant changes to Scotland’s rape laws, redefining it as: “Intentional or reckless penetration of the penis (to any extent) into another person’s vagina, anus, or mouth, without that person’s consent and without any reasonable belief that consent was obtained.”
Similarly, rape laws in Northern Ireland have been changed to recognize male rape. The term “non-consensual intercourse by a man” was replaced by “non-consensual intercourse by a person” under the “Criminal Justice (Northern Ireland) Order, 2003” to provide justice to male rape victims and make the law gender-neutral. This definition was further expanded by the “Sexual Offences (Northern Ireland) Order, 2008” to include oral rape.
A PIL was filed at the Delhi High Court by Adv. Sanjiv Kumar, which challenged the constitutionality of the rape laws under the Indian Penal Code (IPC). In his petition he stated:
- “Gender neutrality is a simple recognition of reality — men sometimes fall victim to the same or at least very similar acts to those suffered by women…Male rape is far too prevalent to be termed as an anomaly or a freak incident. By not having gender-neutral rape laws, we are denying a lot more men justice than is commonly thought.”
- “Law needs to be balanced. The balance has been disturbed. All sexual offences should be gender-neutral. Men, women, and other genders can be perpetrators and also victims of these offenses. Men, women and others need to be protected.”
Why Should Laws Be Gender Neutral
The first assumption for the fact that women can never be predators stems from the fact that, while the definition of rape given in the laws discusses various ways in which an act would be considered rape, they are still assumed as penile-vaginal intercourse in the eyes of the general public. Because men are generally built stronger than women in biological aspects, the general public believes that only men can assert dominance.
The second assumption stems from the fact that men can never be victims of rape because they are aroused by any sexual act, implying consent on their behalf. This is not to say that arousal in the male body can only be caused by a desire to be a willing participant. However, studies have shown that arousal can also be caused by fear, humiliation, and anxiety, which can lead to such erections.
Conclusion
Criminal laws in India have been revised over the years to meet the needs of society, as we have seen. Over time, the amendment becomes an important tool for meeting the needs of the time. As we can see Following the onset of the Nirbhaya Case, the amendments pertaining to sexual offences against women have made a significant contribution to women’s safety. It recognized various acts that were previously not offenses, allowing every woman victim to access justice, but the bill only applies to women. The need for Gender Neutral Rape legislation becomes urgent.
Criminal laws in India have been repeatedly revised over the years to meet the needs of the time. Following the Nirbhaya incident, new laws in the field of sexual offences against women have made a significant contribution to women’s rights. It accepted a variety of crimes that were not prior offenses, allowing each victim access to the courts. Even after the Supreme Court declared Section 377 illegal, several pertinent questions remained unanswered. While legalizing consensual gay sex, the Supreme Court failed to notice a loophole in Section 375 of the Indian Penal Code, which recognizes female as victim and male as perpetrator. As a result, when both the victim and the perpetrator are male or female, there is a legal gap in this section. Even the Supreme Court refuses to hear petitions calling for gender-neutral rape laws, stating that legislation will look into the matter. Due to the lack of gender-neutral laws, most cases go unreported or the offender receives minimal punishment. Even the majority of feminist organizations are opposed to gender-neutral legislation. Taking everything into consideration, the Criminal Law (Amendment) Bill, 2019, seeks to make such progress by calling for a gender-neutral segment punishing any type of sexual abuse.
We have finally decided to turn the page to ponder upon this unacknowledged topic which is a pressing priority, progress. But it took us so long, shame.